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How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to recover damages for medical bills or lost income, you may make a claim. Many people are unsure of the process of filing a lawsuit.

In this blog post, we will review five legal milestones that every personal injury claim must undergo.

Time to File

Every state has a law that limits the time you can bring a lawsuit following an accident. If you fail to submit your claim within this time frame it is nearly always dismissed.

When a case is filed and the parties are able to begin a process called discovery. This involves exchanging information like documents, witness statements and depositions. It could take a few months depending on the nature of the case.

A reputable lawyer will present a settlement demand. Your lawyer can only make this demand once you have achieved the maximum level of medical improvement.

If you were injured by a government organization or a doctor working for the government, you may have additional time constraints that you must meet in addition to the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain these in more detail. Generally these cases can be faster to be resolved than other ones.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it's crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of different kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In most states, the statute of limitations "clock" begins to tick on the day you were injured. However there are exceptions to this rule, which can effectively stop the clock in certain circumstances. The discovery rule, for instance allows you to file your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

In certain cases the statute of limitation may be shortened or tolled. For example, if the plaintiff is mentally disabled or is younger than. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you attempt to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

A person who wins in an injury lawsuit is entitled to damages. These can include money to cover the cost of the victim's medical treatment, lost wages, and the costs associated with an accident. Other types of damages can provide compensation for a person's loss of enjoyment of life or emotional distress caused by an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant failed to behave with the level of care that an average person would have applied in the same circumstance that led to your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property as well as the amount of lost wages if an injury stopped you from working or required you to take sick or vacation time. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ a multiplier, like a 1.5 to 5 factor to estimate general damages. Serious injuries typically result in higher general damage awards than minor or temporary injuries.

Mediation

Although it's not an obligatory element in any injury case mediation is a method to settle disputes without having a judge or jury decide on the outcome. At mediation, you are able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to determine what you're expecting and the amount of money you want. The mediator will then talk with both sides in a private setting. You will then make counter-offers and exchange offers to reach a resolution.

Neither the negligent party nor the victim of injury would like to go to trial and so the aim is to settle in mediation. This is a vital step in avoiding the lengthy and stressful litigation process. The majority of injury cases settle through mediation, lawsuits including those involving the largest insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Call us today to arrange an initial consultation for free. We are able to meet you at a convenient location in Pittsburgh or lawsuits Monroeville.

Trial

While the vast majority of injury cases are settled outside of the courtroom, your attorney could decide that going to trial is required. This will depend on your personal circumstances and the strength of your evidence and the insurance company of the defendant's offer.

During the trial, your lawyer will present a case of peers before jurors. The jury is responsible for determining whether the defendant was negligent and, should they be awarded compensation you will receive to pay for your injuries, expenses and financial losses.

During trial your lawyer will use evidence to prove that the defendant's negligence led to your injuries and the financial damages you receive are necessary to pay for your expenses and losses. The defense will provide evidence to argue your accusations and keep them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, which is delivered by a judge or jury in a bench trial, will determine whether the defendant was negligent and in the event of negligence, what amount of financial damages you should be awarded.